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Kentucky Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Kentucky. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Kentucky, certain forms may or may not be required by the Kentucky courts.
To start the dissolution, the Petitioner must file a Form #1A: Petition for Dissolution of Marriage (Without Children Under 18), or a Form #1B: Petition for Dissolution of Marriage (With Children Under 18). Both forms, which must verified and signed in the presence of a Notary Public or the Court Clerk, establish the jurisdiction, grounds, and state the relief sought. Form #1B establishes the residential history of the children for the past five years.
Certificate of Divorce, VS-300 form
The Certificate of Divorce, which must be obtained from the Circuit Clerk, records the dissolution for the Commonwealth’s Vital Statistics.
Case Data Information Sheet
The Case Information Sheet identifies all the Petitioner, Respondent and children, listing names, addresses, dates of birth, Social Security numbers and relationships to each other.
The Summons informs the Respondent that he or she has 20 days to file "a written defense" or face a default judgment against him or her.
Form #2: Entry of Appearance Waiver
The Entry of Appearance Wavier, which much be signed by the Respondent in the presence of a Notary Public or the Deputy Clerk of the Court, clears the way for the action to move forward. When the Respondent spouse signs the Entry of Appearance Waiver, he or she does not receive a Summons, and he or she agrees to the dissolution and does not contest the action.
The Petitioner must file either a Form #2A: Mandatory Case Disclosure (Without Children Under 18), or a Form #2B: Mandatory Case Disclosure (With Children Under 18 and/or in High School). The form gives the court an overview of the spouses’ assets and debts, both individual and joint and marital property, and it must be certified and signed in the presence of a Notary Public or the Circuit Clerk of the Court. If there is a Marital Settlement Agreement, the Respondent must also sign the Mandatory Case Disclosure Acknowledgment.
Form #2C: Respondent’s Mandatory Case Disclosure Acknowledgment
The Respondent’s Mandatory Case Disclosure Acknowledgment, which must be notarized, acknowledges the receipt and the accuracy of the Petitioner’s Mandatory Disclosure.
A form #3A: Marital Settlement Agreement (Without Children Under 18), of a form #3B: Marital Settlement Agreement (With Children Under 18 and/or Still in High School), memorializes the terms and conditions of the division and distribution of the marital estate. Depending on the trajectory of the divorce, the Marital Settlement Agreement may be filed with the Entry of Appearance Waiver, or later when the couple reach an agreement. This form is singed by both the Petitioner and Respondent.
Form #4: Deposition of Petitioner
The Deposition of Petitioner, which must be notarized, reiterates the facts of the action, including that the Respondent is in default or that a marital agreement has been reached. The Deposition of Petitioner is filed in preparation of filing a Notice-Motion-Order to Schedule Hearing, which moves the case toward conclusion.
Form #4A: Request for Restoration of Former Name
When the wife is the Respondent in a divorce, she may file a Request for Restoration of Former Name as part of her response to the action. The form must be notarized.
Findings of Fact
The Findings of Fact, which must be notarized, uses either a form #5A: Findings of Fact and Decree of Dissolution (Without Children under 18, With Agreement), or a form #5B: Findings of Fact and Decree of Dissolution (With Children Under 18), with Agreement). It incorporates the Marital Settlement Agreement "by reference as if fully set out here word for word."
Form #6: Motion for Default Judgment and Decree of Dissolution of Marriage
The Petitioner files a Motion for Default Judgment and Decree of Dissolution of Marriage when the Respondent has not filed an Answer to the divorce action. The Motion for Default Judgment and Decree of Dissolution of Marriage is filed with a Default Certificate and a Military Affidavit attached. The Default Certificate states that the Respondent has been properly served all the divorce papers, and the Military Affidavit states that he or she is not a member of the military (and therefore not protected by the Servicemembers’ Civil Relief Act).
Form #6: Decree of Dissolution of Marriage (With Default Judgment Entered)
The Decree of Dissolution of Marriage (With Default Judgment Entered) ends the marriage after the Motion for Default Judgment and Decree of Dissolution of Marriage have been filed and ordered by the court.
Form #7: Affidavit for Warning Order Attorney
The Affidavit for Warning Order Attorney must be filed when the Respondent "cannot be served" because he or she has left Kentucky to avoid Service of Process, or when the Petitioner does not know "any means to find the address of the other party."
Form #8: Notice-Motion to Move Case Forward
Petitioner may file a Notice-Motion to Move Case Forward after having filed for divorce.
Form #9: Motion-Order to Proceed Without Paying Court Costs
The Motion-Order to Proceed Without Paying Court Costs may be filed by an indigent Petitioner. It is filed with an Affidavit to Proceed In Forma Pauperis, which attests to the "poverty" of the Petitioner.
Form #10: Notice-Motion-Order to Schedule Hearing
The Notice-Motion-Order to Schedule Hearing, which must be sent to the Respondent, puts him or her on notice that the Petitioner moves for a hearing on the divorce and the court orders it. The Notice-Motion-Order to Schedule Hearing is filed when 1) the Petition has been served, 2) the Respondent has filed a Response or 3) entered his or her Appearance and Waiver, but 4) the parties have not entered into a marital settlement agreement.
Form #11: Motion to Waive Families in Transition Program
Under certain circumstances, the parties and their children may be excused from the otherwise mandatory Families in Transition Program required of divorcing couples. To be excused, the Petitioner must file an Affidavit to Waive F.I.T. The Affidavit must be notarized.
In the state of Kentucky only credible witnesses can prove residency. If residency is suspect or an issue, the court may require testimony or a written affidavit of a third party to verify that the Petitioner actually meets the Kentucky residency requirements for the court to have jurisdiction over his or her case.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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